Alaska Native Claims Settlement Act and this part for inclusion on the roll, the coordinator shall cause to be made such investigation as is necessary to determine whether the person is eligible to be on the roll of Alaska Natives.

(b) Where the coordinator concludes that the enrollment of a person as an Alaska Native was improper under the provisions of section 5, Alaska Native Claims Settlement Act and this part he shall initiate a contest by filing a complaint with the Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203. The procedures governing disenrollment contests are contained in 43 CFR, Part 4, Subpart K.

(c) With respect to any enrollment pursuant to section 5 of the Alaska Native Claims Settlement Act of 1971, Pub. L. 92-203, no contest may be initiated by the coordinator after July 31, 1977. With respect to any enrollment pursuant to the Alaska Native Claims Settlement Act as amended on January 2, 1976 (Pub. L. 94-204), to provide for the late enrollment of certain Natives, no contest may be initiated by the coordinator after Janual 2, 1978.

(d) All disenrollment contests which have been filed, pursuant to this part as of the date of promulgation of these regulations shall be reviewed by the Coordinator together with the Regional Solicitor.

(e) Following the review of disenrollment contests prescribed by § 43h.15(d), the Coordinator and the Regional Solicitor shall continue to contest an individual's enrollment only where the complaint already filed states one of the following as grounds for that individual's disenrollment: That such person died before or was born after December 18, 1971, or was enrolled in the Metlakatla Indian Community as of April 1, 1970, or has no Native ancestry, or is not a United States citizen either by birth or naturalization. Except that, if the complaint states "less than 4 Native blood" as the grounds for disenrollment, but the contestee in fact, has no Native ancestry, the contest may be resumed and the complaint amended to read "no Native ancestry" as the grounds for disenrollment. Furthermore, if the grounds currently stated

or other information included on the face of the complaint and the statement of reasons attached thereto clearly indicate that a person has been incorrectly placed on the roll as a result of that person's fraudulent conduct (within the meaning of 18 U.S.C. 1001), the contest may be resumed and the complaint amended to state fraudulent conduct as the grounds for disenrollment.

(f) The Coordinator and the Regional Solicitor shall proceed immediately to withdraw or dismiss all other pending enrollment complaints with notices to all parties, except that any contestee whose original enrollment was protested by a regional or village corporation at the time of the contestee's enrollment shall provide to the Coordinator an affidavit from the protesting corporation as to the contestee's eligibility before the Coordinator shall withdraw the complaint against such per ons. The Coordinator shall immediately notify all such contestees who were originally protested by a village or regional corporation, that they must provide such an affidavit by October 1, 1978, or the disenrollment contest against them will be resumed, regardless of whether the grounds fall within those specified in paragraph (e) of this section.

(g) In any case where the Coordinator and the Regional Solicitor resumes a disenrollment contest by amending the complaint to state no Native ancestry or fraudulent conduct as the grounds, and where a hearing was already held on the original disenrollment complaint, the Administrative Law Judge may order a second hearing if he or she feels such hearing is necessary to acquire better evidence on the amended grounds for disenrollment.

(h) The Regional Solicitor and Coordinator shall complete all reviews called for by § 43h.15(d) no later than October 1, 1978.

(i) For purposes of § 43h.15(e) the Coordinator and Regional Solicitor shall proceed against an individual on grounds that he is not a United States citizen only after they have investigated and satisfied themselves that the contestee has not been naturalized in any state and that the contestee is not a United States citizen by birth or in

80-072 0-81--13

SOURCE: 40 FR 36324, Aug. 20, 1975, unless otherwise noted.

§ 431.1 Definitions.

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative.

(c) "Director" means the Director, Portland Area Office, Bureau of Indian Affairs, or his authorized representative.

(d) "Living" means born on or prior to and living on February 18, 1975.

(e) "Plan" means the plan for the use and distribution of the Warm Springs judgment funds which was prepared pursuant to the Act of October 19, 1973 (87 Stat. 466), and which became effective February 18, 1975.

§ 431.2 Purpose.

The regulations in this part are to govern the compilation of a roll of certain members of the Confederated Tribes of the Warm Springs Reservation living on February 18, 1975, which roll shall be used for the distribution of the judgment awarded the Warm Springs Tribes by the Indian Claims Commission in Docket 198.

§ 431.3 Qualifications for enrollment.

All persons who meet the following requirements for eligibility shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Warm Springs Tribe in Indian Claims Commission Docket 198:

(a) They were born prior to and living on February 18, 1975.

(b) They are enrolled members of the Warm Springs Tribes and their names appear on the March 1, 1975, tribal membership roll with the specification that the names of those persons who died subsequent to February 18, 1975, but whose names appeared on the February 1, 1975, roll shall be added to the roll being prepared.

(c) They have not shared in the distribution of the judgment awarded to the Malheur Paiutes under the provisions of the Act of August 20, 1964 (78 Stat. 563), or have not received per capita payments from any other judg

ments of the Indian Claims Commission and have not received payments under the provisions of the Alaska Native Settlement Act of December 18, 1971 (85 Stat. 688).

§ 431.4 Preparation, publication, and display of proposed roll.

The Director shall prepare, with the assistance of the Warm Springs Tribes, a proposed roll of members of the tribes who meet the requirements specified in § 431.3. Such roll shall contain for each person a roll number, name, sex, date of birth, date of death if applicable, tribal derivation and degree of blood of each tribe. The proposed roll shall be placed on public display for 30 days at the Warm Springs Agency, community building, local post offices, Portland Area Office and other Bureau offices in the Washington-Oregon area.

§ 437.5 Appeals.

Any person who believes he is eligible for enrollment to share in the judgment funds, or a representative of such person, may within 30 days from the date of posting file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such proposed roll in accordance with the procedures provided in this Part.

§ 431.6 Filing appeals.

The appeal shall be in writing addressed to the Secretary but mailed to the Director and must be received by the Director before the close of business on the thirtieth (30th) day after the posting of the proposed roll.

§ 431.7 Supporting evidence.

The appeal may be accompanied by any supporting evidence, relied upon as a basis for the appeal, including copies of Bureau or tribal records having a direct bearing on the appellant's contentions. The appellant may furnish affidavits from persons having personal knowledge of the facts at issue. The appellant may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the official receiving the appeal. The burden of proof of establishing

the improper inclusion or omission of any name is on the appellant.

§ 431.8 Action by the Director.

If after review of the evidence the Director is satisfied that the omission of any name is improper and eligibility has been established, the appellant shall be so notified in writing and his name entered on the roll. If the Director determines the appellant is ineligible or inclusion of the name is improper, he shall so notify the appellant and shall forward the appeal, together with the complete record and his recommendation thereon, to the Commissioner for final determination.

§ 431.9 Decision of the Commissioner on appeals.

The Commissioner shall consider the record as presented, together with such additional information as he may consider pertinent. Any such additional information shall be specifically identified in his decision. The decision of the Commissioner on an appeal shall be final and conclusive and written notice of the decision shall be given the appellant.

§ 431.10 Preparation and approval of roll.

The completed payment roll shall contain the same information as the proposed roll, except for such changes as may be required by the decisions on all appeals taken from the proposed roll. The Director shall approve the . roll.

(a) "Act" means the Act of October 18, 1976 (90 Stat. 2503), which directs the Secretary of the Interior to prepare the roll of the Grand River Band of Ottawa Indians.

(b) "Secretary" means the Secretary of the Interior or his authorized representative.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative.

(d) "Area Director" means the Area Director, Minneapolis Area Office or his authorized representative.

(e) "Superintendent" means the Superintendent of the Michigan Agency.

§ 43n.2 Purpose.

The regulations in this part govern the preparation of a roll of persons who possess Grand River Ottawa Indian blood to be used to distribute the judgment funds awarded the Grand River Band of Ottawa Indians in Indian Claims Commission Docket 40-K.

§ 43n.3 Qualifications for enrollment.

The roll shall contain the names of persons who meet the following requirements:

(a) They were born on or prior to and living on October 18, 1976;

(b) Their name or the name of a lineal ancestor through whom they claim eligibility appears as a Grand River

Ottawa on the roll of the Ottawa and Chippewa Tribe of Michigan, Durant Roll of 1908, containing the Commissioner's recommendation that it be approved except for those persons listed opposite numbers 747, 1331, 2437, 3957, 4462, 4684, 6151, 6273, 6275, 6496, 6525, 7028, 7035 and 7168, and those persons whose names are

checked in red pencil, indicating descendants of half-breeds or mixed bloods, and in blue pencil, indicating persons who affiliated with, received rights or were enrolled members of other tribes, approved by the Secretary on February 18, 1910, with the Commissioner's recommendation, or on any available census rolls or other records acceptable to the Secretary;

(c) They possess one-fourth degree or more Grand River Ottawa Indian blood;

(d) They are citizens of the United States; and

(e) They file or have filed in their behalf applications for enrollment within the time specified in § 43n.4.

(f) In the absence of proof to the contrary, for the purposes of determining degree of Grand River Ottawa blood, all persons named as Grand River Ottawas on the Durant Roll of 1908 with the exceptions specified in paragraphs (b) and (g) of this section shall be considered as possessing 4/4 degree Grand River Ottawa Indian blood.

(g) Children named on the Durant Roll with an indication that one parent is non-Indian will be considered to possess 1⁄2 degree Grand River Ottawa Indian blood and children named on the roll with an Indian parent whose spouse is shown as nonIndian will be considered to possess1⁄2 degree Grand River Ottawa Indian blood, provided, it can be established the non-Indian spouse is the other parent of the child.

§ 43n.4 Filing of applications and deadline for filing.

(a) Application forms may be obtained from the Superintendent, Michigan Agency, Bureau of Indian Affairs, Sault Ste. Marie, Michigan 47983. Completed applications must be received by the Superintendent by close of business on November 1, 1977.

(b) Applications received after that date will be denied for failure to file in time regardless of whether the applicants otherwise meet the requirements for enrollment.

[42 FR 33286, June 30, 1977]

§ 43n.5 Burden of proof.

The burden of proof rests upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, baptismal records, copies of probate findings or affidavits may be used to support claims for enrollment. Records of the Bureau of Indian Affairs may also be used to establish eligibility.

§ 43n.6 Action by the Superintendent.

The Superintendent must notify rejected applicants by certified mail, addressee only, return receipt requested, explaining the reason for the adverse action and advising them of their right to appeal to the Secretary.

§ 43n.7 Appeals.

Appeals from rejected applicants must be in writing and filed pursuant to Part 42 of this subchapter, a copy of which will be furnished with each notice of rejection.

§ 43n.8 Preparation of the roll.

The roll shall contain for each person a roll number, name, address, sex, date of birth, and, when applicable, the roll number and name and relationship of applicant to ancestor through whom eligibility is established.

§ 43n.9 Certification and approval of the roll.

The Superintendent shall attach a statement to the roll certifying that to the best of his knowledge and belief the roll contains only the names of those persons who meet the requirements for enrollment. The roll shall be submitted to the Area Director for approval.

§ 43n.10 Special instructions.

To facilitate the work of the Superintendent the Commissioner may issue special instructions not inconsistent with the regulations in this part.

§ 43p.1 Definitions.

As used in these regulations:

(a) "Act" means the Act of Congress approved November 18, 1977, 95 Stat. 1415, Pub. L. 95-195.

(b) "Secretary" means Secretary of the Interior or his authorized representative.

(c) "Assistant Secretary" means Assistant Secretary of the Interior for Indian Affairs or his authorized representative.

(d) "Director" means Area Director, Portland Area Office, Bureau of Indian Affairs or his authorized representative.

(e) "Tribe" means the Confederated Tribes of Siletz Indians of Oregon.

(f) "Council" means the Interim Council elected under section 5 of the Act to represent the tribe and its members in implementing the Act.